IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13145 of 2011
GOPAL THAKUR, Son of Ram Kishun Thakur, Resident of Village Khuguni, P.S.
Ramgarhwa, District East Champaran at Motihari.
........Petitioner
Versus
THE STATE OF BIHAR
........Opposite Party
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02/- 20-04-2011 Heard learned counsels representing the parties.
This is an application under Section 482 of the Code of
Criminal Procedure, seeking quashing of the order dated 08.03.2011
passed by Additional Sessions Judge, F.T.C. Ist, Motihari in Sessions
Trial No. 14 of 1991 refusing the prayer of the petitioner to be
examined as prosecution witness under Section 311 of the Code of
Criminal Procedure.
Undisputedly, in this twenty years old Sessions Trial
arising out of Ramgarhwa P.S. Case No. 1 of 1986, petitioner is the
injured witness and as is evident from the impugned order the trial
commenced on 01.10.1994, but four prosecution witnesses only could
have been examined. Though, according to learned counsel for the
petitioner only two prosecution witnesses have been examined and
statements of the accused persons were recorded under Section 313 of
the Code of Criminal Procedure. Meanwhile, prayer was made by the
petitioner stating lack of information and confidence deposed upon the
informant, who as submitted, has turned hostile, the petitioner could
not approach the court earlier.
Taking into consideration the huge delay and stage of the
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case, court below has refused the prayer. However, in view of the fact
that petitioner is one of the injured witness one conditional
opportunity may be granted to him. The petitioner shall renew the
prayer before the court below within a week from the date of
communication of the order and deposit of a sum of Rs. 1,500/- (One
Thousand Five Hundred) as cost for the delay caused and on filing
such application, the trial court shall examine the record. In case, no
due/personal service of summons issued against the petitioner to
appear as witness is on record, on the very next date fixed for the
purpose, the petitioner shall produce himself be examined as
prosecution witness, in case of his failure to do so, no further
opportunity shall be given.
Taking into consideration the facts and circumstances
aforementioned and quick disposal of the case, no notice to other
parties is required at this stage, this application stands disposed of
with the aforesaid liberty.
Let, a copy of this order be communicated to the court
below through FAX at the cost of the petitioner.
(Akhilesh Chandra, J.)
Praveen/-